D E PA RT M E N T H E A D I N G H E R E
What is the “immediate pool area”?
Pool checklist
This means the land on which the pool is sited and as much
of the surrounding area that is used for activities related to
the use of the pool.
This is a checklist for your convenience, but does not cover
every situation.
• Pump shed and changing rooms
• Decking, paving and a barbecue
This may not include:
• The whole backyard
• Clotheslines, vegetable gardens
• Thoroughfares or other areas used for other outdoor
activities
Frequently Asked Questions
Who is responsible?
• Owners, tenants and other persons living or occupying
any property with a swimming pool, spa pool, or hot
tub are responsible for ensuring compliance with the
Fencing of Swimming Pools Act 1987 at all times.
• The Territorial Authority (Horowhenua District Council)
is responsible for ensuring that all reasonable steps are
taken to locate and monitor compliance with the Act for
all pools within it’s jurisdiction. Monitoring is done by
way of inspection.
What happens if I use an unfenced pool?
• Any person who uses an unfenced pool commits an
offence under the Fencing of Swimming Pools Act
1987. Failure to comply may result in expensive legal
proceedings as well as compromising child safety. If
your pool does not comply, the Act requires the pool to
be emptied until it does comply.
Does my existing pool need to be fenced?
• Yes, all pools must comply with the Fencing of Swimming
Pools Act 1987 – no matter when they were installed
What about pool covers?
• In October 2002, the Building Industry Authority
determined that lockable pool and spa pool covers are
not suitable safety barriers and do not comply with the
Fencing of Swimming Pools Act 1987.
The immediate pool area should not contain any of the
following:
• Washing line
• Play area and equipment
• Garage, carport, or car access
• Vegetable garden
• Entire backyard
Swimming
and spa pool
Hinged doors giving access to the pool:
• Close and latch automatically
• Open away from pool
• Latch / handle no less than 1.5m from bottom of door
• No hold open devices
requirements
Sliding / Bi-fold doors giving access to pool:
• Latch, towerbolt, security lock no less than 1.5m from
bottom of door
• No hold open devices
Windows within pool access area closer than 1.2m from floor:
• Limited to prevent them opening more than 100mm
Fences:
• 1.2m high from outside ground level of any permanent
projection within 1.2m
• Gaps under fence or between vertical boarding no more
than 100mm
• 900mm minimum space between horizontal rails
• Mesh size no more than 10mm - 1.2m high fence
• Mesh size no more than 35mm - 1.8m high fence
• No climbing points outside fence eg. seats, trees
Gates:
• Latch on outside higher than 1.5m
• Latch on inside 1.2m
• Open away from pool
• Self closing and self latching from 150mm
The Horowhenua District Council may, by resolution, grant
special exemptions from some or all of the requirements Fencing
of Swimming Pools Act 1987. The Council can only grant an
exemption or special condition if this would not significantly
increase danger to young children.
Ph. 06 366 0999 Fax. 06 366 0983
Private Bag 4002, Levin 5540
126 Oxford St, Levin 5510
www.horowhenua.govt.nz
enquiries@horowhenua.govt.nz
5637 Dry Crust Communications
This may include:
www.horowhenua.govt.nz
This leaflet is a guide only.
For further information
please refer to the Fencing of
Swimming Pools Act 1987 or
Horowhenua District Council.
The Fencing of Swimming Pools Act 1987 exists to protect
young children from the danger of drowning in unfenced
swimming pools. It does this by requiring owners to fence
their pool.
What are the requirements?
Pool fencing
A complying fence must surround the immediate pool area
only. The most important factor to be aware of is the location
of the fence in relation to the rest of your property. The
fence should prevent young children moving directly to the
pool from the house, other buildings, garden paths, or other
areas of the property accessible to them.
A fence complying with the Fencing of Swimming Pools Act
1987 must surround the immediate pool area preventing
any child up to 6 years of age from climbing over, under, or
through it.
Fences must be continuous and fully enclose the pool area.
A secure boundary fence is not, on its own sufficient as it
would not comply with the Act.
Fencing that complies:
•
Minimum height is at least 1.2m above ground level on
the outside of the fence measured continuously along the
outside of the fence.
•
Minimum height is at least 1.2m above any permanent
projection or object placed on the ground outside and
within 1.2m of the fence.
However part of a boundary fence may be used as a pool
fence under strict conditions.
• If a boundary fence is made use of, there is a danger that
a neighbour unwittingly places a stack of wood or trellis
against the fence enabling a child to climb over. The
fence would then not comply with the Act.
•
If your pool has the capability of water depth greater than
400mm (16 inches) then it is required to be fenced in
accordance with the Act.
No space between or under fence pickets or rails is more
than 100mm.
•
Horizontal boarded fences have no spaces between the
boarding.
Anyone intending to install a new pool, spa or hot tub or new
pool fence, must apply for and uplift a Building Consent prior
to commencing the work. The Fencing of Swimming Pools
Act 1987 requires pool owners to notify the Council of the
existence of a pool.
• If the pool owner is unable to reach an agreement that
the neighbour will keep his or her side of the fence clear,
the pool owner must make other arrangements that
would comply with the requirements of the Act, such as
build another fence inside the boundary fence.
•
Where any perforated material such as mesh or netting
is used, no opening greater than 10mm is acceptable for
fences 1.2m high or 35mm for fences 1.8m high.
•
What is classified as a swimming pool?
The side of a building may be used to form part of the fence
providing it complies with all aspects of the Act.
All materials must be firmly attached at both the top and
the bottom to a firm, secure structure.
•
A pool is described as any excavation, structure or product
that is used and is capable of being used for swimming,
wading, paddling or bathing and includes inflatable pools, spa
pools and hot tubs
Any hinged doors giving direct access to the pool area must
be self-closing and self-latching.
All fencing supports, rails, rods, wires and bracing that are
not vertical are made inaccessible for climbing from the
outside; or horizontal support rails on the outside must be
at least 900mm apart at the closest point.
Pools that are exempt:
Ranch sliders and sliding/folding doors require an exemption.
If approved, they must be fitted with a locking device, that
when properly operated, prevents them being readily opened
by children under 6 years of age. These doors must remain
closed at all times.
There are four types of pools that the Fencing of Swimming
Pools Act 1987 does not apply to:
1. An above ground pool where the top of the side wall is no
less than 1.2m above the ground or any permanent object
with no permanent means of access such as steps.
2. A structure or product where the maximum depth of
water does not exceed 400mm.
3. A pool that is wholly enclosed within a building that is
principally used for a purpose other than the use of the
pool. i.e. Enclosed within a house.
4. A pool where people are employed to provide supervision
while the pool is available for use and the pool is behind
locked gates at other times.
Any opening windows lower than 1.2m from the floor must
be restricted to open less than 100mm.
Although inflatable and portable pools having a water depth
less than 400mm are exempt from fencing, supervision of
their use by a responsible person is essential at all times.
Pool access, gates and doors
All pool access gates or doors must:
• Swing outwards away from the pool.
• Be fitted with a lock that prevents them being opened by a
child under the age of 6 years.
• Be fitted with a self-closing and latching device.
• Have a latch, which, if on the inside is only accessible
from over the fence or through a hole at least 1.2m above
the ground; or if on the outside is at least 1.5m above the
ground.
• Not be able to be removed from their hinges or unlatch if
lowered or raised.
• Be clear of anything capable of holding them open.